Nicholas Goodfellow

Nick gained considerable experience of commercial litigation during his pupillage, and has since completed a secondment in the commercial litigation department of a leading law firm. Nick’s experience in this area includes the following:

High Court

• Drafted particulars of claim in relation to a claim for fraudulent misrepresentation and breach of contract relating to a share agreement.
• Drafted particulars of claim in relation to a claim for breach of trust and/or negligence against a firm of solicitors arising out of a fraudulent mortgage transaction.
• Instructed in relation to an application to restore a company to the register under the Companies Act 2006.

County Court

• Acted in bankruptcy proceedings on behalf of a senior executive of a leading football club arising out of (disputed) claims under various guarantee agreements.
• Drafted a defence to a claim for breach of contract in a commercial dispute relating to an agreement for the provision of recruitment services.
• Drafted a defence in a claim for specific performance of a contract relating to school fees, in a claim which raises issue of agency and the doctrine of apparent authority.

Nick developed extensive experience of construction law during his pupillage, including: (i) general contractual disputes under various standard forms; (ii) adjudication disputes including challenges to adjudicator awards; (iii) arbitration under the Arbitration Act 1996. 

Nick has marshalled Mr Justice Akenhead in the Technology and Construction Court (TCC) and has since appeared in the TCC on his own account.

Nick continues to accept instructions in construction cases.

Nick has appeared in the Employment Appeal Tribunal, and has been instructed in Employment Tribunal hearings of up to 7 days in length as sole counsel, and as junior counsel in a case of 18 days in length (albeit in cases which have settled on the doorsteps of the Tribunal). Nick’s experience includes the following:

Employment Appeal Tribunal

• Drafted a skeleton argument in an appeal against a finding that a solicitor (with a flexible working arrangement) was not an employee of the practice for whom she worked.
• Acted pro-bono for a client seeking to appeal the decision to refuse her appeal on the ground that it was out of time.

Employment Tribunal

• Instructed (as a junior) in a complex claim alleging race/sex discrimination against a large international clothing company, 18 days in length (which settled pre-trial).
• Instructed on behalf of a leading online marketing company in a claim alleging race discrimination and unfair dismissal, 7 days in length (which settled pre-trial).
• Acted for a school teacher in a 5 day claim against his former school alleging disability discrimination and unfair dismissal.
• Instructed to draft Grounds of Resistance on behalf of a leading retail company against a claim by a senior executive alleging pregnancy and/or maternity related discrimination.

Nick’s experience in this area includes the following:

• Claims involving allegations of professional negligence against construction professionals, particularly architects.
• Claims by banks against solicitors brought under the Council of Mortgage Lenders Handbook, where the solicitors have (amongst other things) failed to identify the impropriety of fraudulent mortgage transactions. 

Nick also has experience of the Financial Services Authority Handbook and the obligations imposed by that regulatory scheme under the Conduct of Business Sourcebook relating to suitability and advice on investments.

Education

BSc Natural Sciences, 1^st, University of Birmingham, (2000-2003)

GDL, BPP (2007-2008)

BVC, BPP (2008-2009)

Outstanding and top mark of year in the drafting paper on the BVC

Awards

Hardwicke scholarship, Lincoln’s Inn (2008)

Lord Denning scholarship, Lincoln’s Inn (2008)

Sunley scholarship, Lincoln’s Inn (2009)

Interests

Nick enjoys spending time with his family and playing sport. Nick is a keen cyclist, kite-surfer, and skier and (when not in London) enjoys being in the mountains or on the coast.